9
beneficiaries and the preparatory communications forwarded to the Ministry of
Health. On the other hand, as already exposed by the Court with regard to another
reparation measure (supra Considering clause No. 25), the Tribunal notices that the
compliance with this obligation on the part of the State depends, to a great extent,
on the information provided by the representatives and the victims.
30.
That from the information presented by the representatives it arises that
Vanessa and Brenda Cantoral-Contreras, who had received psychological treatment
at the CAPS, at present are treated by Mr. Alfonso Gushiken-Miyagui, and that they
both expressed to the State, on April 16, 2009, their wish to continue to receive the
treatment either from the CAPS or the above mentioned professional. According to
what has been ordered by the Court, the State must enable the continuance of the
above mentioned treatment in the conditions in which it was being received by the
beneficiaries at the time of the rendering of the Judgment, due to the particular
nature thereof. In that regard, the Court considers that it is necessary to have
updated information in order to assess the degree of compliance with this paragraph
of the Judgment, with regard to both Vanessa and Brenda Cantoral-Contreras, as
well as to the other beneficiaries. Therefore, the Court concludes that the State must
take the necessary steps in order to fulfill this reparation measure and forward
information on the matter.
31.
That with regard to the medical treatment of the victims next of kin, the
representatives pointed out that on April 16, 2009, they requested the State the
affiliation of the beneficiaries to the SIS. Likewise, the Court requests the State to
supply updated information on the steps taken for that matter. Based on the above,
the State must adopt all the measures necessary for the fulfillment of this obligation
and forward updated information on the matter.
*
*
*
32.
That regarding the obligation to pay the ordered compensations, costs and
expenses (operative paragraph fourteen of the Judgment), the State informed that
on May 11, 2009, it delivered, “by way of down payment”, the amount of four
thousand five hundred United States dollars (US$ 40,500.00) which was distributed
among the next of kin of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz.
33.
That the representatives confirmed that the State had paid the amounts
mentioned in its report. At the same time, they pointed out that to date the total
amount of the compensations, costs and expenses ordered by the Judgment has not
been paid, despite the term set forth for payment has already expired. They further
mentioned that the State has not supplied any information on the negotiations
carried out for this purpose. Consequently, they considered that this obligation has
only been partially complied with.
34.
That the Commission appreciated that the State has partially paid the
corresponding compensations, but it emphasized that it “has no information
regarding the payment of the costs and expenses.” It requested that the State is
asked to immediately comply with this obligation and, pursuant to the Judgment, to
pay interest on arrearages for the indebted amount.
35.
That from the information provided, particularly the Record issued by the
Procuraduría Pública Especializada (Specialized Attorney General) on May 11, 2009,